The lawsuit’s been widely covered so usually I wouldn’t bother linking, but there’s been mockery over it, and the mockery is wrong.
Just look at the picture.
Almost anything you buy, the picture on the package is prettier than what’s inside, but the imagery on these candy wrappers is PhotoShop BS, a flat-out lie.
I stand with Cynthia Kelly, and hope Hershey pays her the $5M she’s asking.
Dec 29 (Reuters) - Hershey has been sued by a Florida woman who said its holiday-themed Reese’s peanut butter candies lack the artistic details shown on the packaging that make them worth buying.
In a proposed federal class action filed on Thursday and seeking at least $5 million, Cynthia Kelly accused Hershey of deceiving reasonable consumers by falsely promising that its candies would contain “explicit carved out artistic designs.”
She said she would not have paid $4.49 in October at an Aldi for a bag of Reese’s Peanut Butter Pumpkins, had she known that the candies not only lacked the “cute looking” carved eyes and mouth shown on the packaging, but any carvings at all.
The complaint said Hershey’s labels “are materially misleading and numerous consumers have been tricked and misled by the pictures on the products’ packaging.”
It cited several videos on Google’s YouTube, and included illustrations such as a Reese’s Peanut Butter footBall shaped like a football, but missing the laces shown on the packaging.
Hershey did not immediately respond on Friday to requests for comment. Kelly’s lawyer did not immediately respond to a similar request.
The plaintiff filed her lawsuit in the federal court in Tampa, Florida.
She is seeking damages for Florida purchasers of Reese’s Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Ghost, Peanut Butter Bats, Peanut Butter footBalls and Peanut Butter Shapes Assortment Snowmen Stockings Bells for violations of that state’s consumer protection laws.
Kelly’s lawyer has also filed lawsuits accusing Burger King and Taco Bell of selling food that when served looks less enticing than advertised.
The case is Kelly v Hershey Co, U.S. District Court, Middle District of Florida, No. 23-02977.
False advertising? Yes, very much so.
Yeha but in this case it is pretty silly. Like… it’s still the same piece of candy. I get it, but there are many instances of false advertisement that are actually concerning because they lie about the quality or size of the product. This one is just lacking a smiley face, which probably means you got more chocolate.
What I’m saying is that, yeha, this is 100% false advertisement, but it isn’t alarming at all. Like, I don’t see the malice behind it. There are a lot of instances which are just pure evil.
It’s pretty sad to see this is the case that will make them pay, when we’re drowning in even worse cases of false advertisement.
Believe it or not, two lawsuits can actually happen at the same time. The entire court system doesn’t grind to a halt to handle this one case of false representation.